(a) Each person that owns or operates a small wireless facility shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the small wireless facility. Each person that owns or operates a small wireless facility, or holds a permit issued pursuant to this chapter, shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the permitting, construction, installation, operation, maintenance, and/or removal of a small wireless facility. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, verdicts, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(b) Further, a permittee shall repair all damage to the right-of-way or any other land so disturbed, directly caused by the activities of the permittee or the permittee's contractors and return the right-of-way in as good of condition as it existed prior to any work being done in the right-of-way by the permittee. If the permittee fails to make the repairs required by the Borough within 30 days after written notice, the Borough may perform those repairs and charge the permittee the reasonable, documented cost of the repairs plus a penalty of $500. In the event an applicant or permittee has failed to pay any costs invoiced by the Borough for repair work or penalties charged pursuant to this section, the Borough shall not process any further applications unless or until the applicant or permittee has paid the amount assessed for the repair costs and the assessed penalty. Any unpaid invoice shall be subject to interest accruing on the unpaid amount at 18% per annum beginning on the 31st day from the date of invoice until paid.
(Ord. 2590. Passed 11-15-21.)